Madras HC sets out parameters to prevent abuse of police power while history-sheeting

Justice N Seshasayee directed the Director General of Police (DGP) to constitute a district-wise committee to examine all the cases of history-sheeting based on those parameters within a year.

For representational purpose. (Express Illustrations)

MADURAI: Observing that police, in the name of preventive policing, was using history-sheeting as a tool to choke the just voice of a citizen to dissent and to protest democratically, the Madurai Bench of Madras High Court set out certain parameters to be followed by police while history sheeting.

Justice N Seshasayee directed the Director General of Police (DGP) to constitute a district-wise committee to examine all the cases of history-sheeting based on those parameters within a year and also issue a circular containing the parameters, to all police officials.

The judge also told the DGP to automate the history-sheeting process and file a report after six months regarding the progress of compliance of the above directions. The order was passed on a batch of petitions filed by various persons seeking direction to remove their name from the history-sheet list.

While some of the petitions were allowed, others were returned to the authorities concerned to be considered afresh based on the parameters set out by the court, within three months.

Arbitrary exercise of power

The judge pointed out that the inaccurate and imprecise drafting of the Police Standing Orders (PSO) is the reason for the arbitrary exercise of police power to history-sheet. Among the petitioners, many persons are found to have been history-sheeted because of their participation in protests or demonstrations, the judge noted. He also noticed that some of the petitioners are retained in history-sheet list merely because they were once convicts, even though there was no fresh case against them for more than a decade

Hence, till legislative alternatives are found, the judge listed certain parameters that ought to be followed by police while history-sheeting.

Parameters

• Justice Seshasayee said that the decision to history sheet or retaining one in the history-sheet must be made objectively.
• Mere registration of FIR under Sections 109 and 110 CrPC (Security for good behaviour from suspects and habitual offenders) cannot be a ground to retain a person's name in the history-sheet, he said.
• The judge also added that a person cannot be history-sheeted for more than two years due to reasons like non-filing of final report or pendency of trial.
• He further said that a former convict should not be treated as a suspect if there is no subsequent case against him or her.
• In cases relating to protests or demonstrations, history-sheet should not be opened unless an order is passed by the Executive Magistrate.
• However, the same does not apply if the offence involves violence or damage of property or threat to personal safety among others, the judge clarified.
• The DGP was told to sensitize superior police officials who inspect or supervise the functioning of the police stations, in this regard.